Restoration App. No. 1186 of 2008 :

For the reasons stated, the Application is allowed. The order dated 30th September, 2008 is recalled and the writ petition is restored to its original position.

Writ Petition No. 1984 of 2001 (M/S) :

2. The issue involved for consideration in this case is indeed very, very simple even though it is slightly important. The facts in brief :

The petitioner/plaintiff filed a Suit for declaration etc. in the court of Civil Judge at Nainital against respondents Nos. 3 to 5. As per the averment contained in para 10 of the Plaint, the valuation of the Suit was fixed at Rs. 50 lacs. Whilst the Suit was pending in the trial court, the petitioner/plaintiff filed an application for amendment of the Plaint, which was allowed by the trial court. Aggrieved, respondents Nos. 3 to 5 / defendants filed revision petition against the said order, allowing the amendment of the Plaint, before the First Addl. District Judge, Nainital being Civil Revision No. 20 of 1999 who, vide the impugned order dated 19th June, 2000, partly allowed the said Civil Revision filed by the aforesaid respondents and a partial permission was granted to the petitioner/plaintiff to amend t